Kidney disease decisions — 2013

The Board found that the Veteran did not have service in Vietnam and is not presumed to have been exposed to herbicides. The earliest clinical evidence of many of the claimed disabilities was many years after separation from service, and there has been no demonstration by competent medical or lay evidence of record that any of these conditions are causally related to active service.

The Board found that the Veteran's kidney disorder is not service-connected and denied compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing VA carelessness, negligence, or fault.

The Veteran's death was caused by sepsis due to end stage renal failure and diabetes mellitus. The appellant claims the cause of death is service-related, specifically alleging exposure to herbicides in Vietnam contributed to her husband's type II diabetes mellitus.

The Board has determined that the Veteran's loss of right kidney due to cancer is etiologically related to his military service, including herbicide exposure. As such, the claim for service connection is granted.

The Board has remanded the case for additional development due to incomplete records and potential radiation-exposed Veteran issues.

The Veteran's appeal is being remanded for scheduling a video conference hearing at the RO. The claims of service connection for hernia disorder, kidney stones, and PTSD reopening are still pending.

The Board denied service connection for diabetes mellitus, renal cell carcinoma, and colon polyps due to lack of evidence linking these conditions to service or exposure to Agent Orange. The Veteran's claims were not reopened as new and material evidence was not presented.

The Board has granted service connection for kidney disabilities, diagnosed as kidney stones and chronic renal insufficiency. The issue of service connection for an acquired psychiatric disorder remains pending.

The Veteran's TDIU claim was denied due to his PTSD disability, but the RO has since granted service connection for additional disabilities including diabetic renal disease with hypertension. The Board finds that further development is needed as there are no opinions addressing whether the Veteran's combined service-connected disabilities render him unemployable.

The Veteran's claims for service connection for bladder cancer with kidney blockage, prostate cancer (alleged Agent Orange exposure), and a compensable rating for gout were denied. The claim for prostate cancer was not reopened due to lack of new and material evidence.

The Veteran's death was not due to any service-connected disability, and the cause of his death (respiratory distress syndrome) is not presumed to be related to exposure to herbicide agents.,The Veteran did not have a total service-connected disability rating at the time of his death.

The Veteran's claim for non-service-connected disability pension benefits was granted effective June 15, 2006. The Board found that the Veteran did not meet the criteria for an earlier effective date due to his employment status and medical conditions.

The Veteran withdrew his appeal for the issues of hypertension, renal dysfunction, bilateral hearing loss disability, sleep apnea, hypoxia, hypersomnia, diabetes mellitus, peripheral neuropathy of the upper extremities and peripheral neuropathy of the lower extremities prior to the Board's decision.

The Veteran's claim for service connection for an eye infection has been reopened, but the evidence does not support a grant of service connection.,The Veteran's claims for service connection for left wrist and kidney conditions have also been reopened. The evidence is insufficient to determine whether these conditions are related to service.

The Veteran's claims for service connection are being remanded due to the loss of his service medical records and incomplete evidence. Additional development is needed, including obtaining SSA disability decision records, private treatment records, and VA examinations.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's chronic kidney disorder is being remanded for further development to determine if it is related to his service-connected diabetes mellitus.

The Board has determined that additional development is needed to determine if the Veteran was exposed to ionizing radiation during service, which could potentially affect his claims for service connection. The case will be referred to the Under Secretary for Health for preparation of a dose estimate and referral to the Under Secretary for Benefits under 38 C.F.R. § 3.311(c).

The Board has determined that the Veteran's renal failure is not related to his service, and therefore denied his claim for service connection.

The Veteran's appeal has been withdrawn prior to the Board making a decision.